Reed v. Board of Education of the Monterey Union High School District

SCHMIDT, J., pro tem. Appellant filed in the lower court her “Supplemental petition for writ of mandate” in which she set forth that she held legal specifications for teaching in the senior high schools of this state and particularly for the Monterey Union High School District; that in 1931 the Board of Education of the Monterey Union High School District -attempted to discharge her, whereupon she filed her petition for writ of mandate to be reinstated as a permanent teacher in said district and to have her salary fixed; that judgment was rendered in her favor and that her salary was found to be $200 per month for twelve months [662]and she was awarded a money judgment for her salary to March 1, 1931. Following the judgment a peremptory writ of mandate was issued and served from which writ of mandate and judgment the defendants appealed; that said judgment was affirmed and a petition for the hearing of same in the Supreme Court was denied on November 10, 1932 (Reed v. Board of Education, 125 Cal. App. 714 [14 Pac. (2d) 330]) ; that “thereafter November 28, 1932, plaintiff reported for duty and was assigned to active teaching in accordance with the terms of the judgment affirmed, and defendants paid to plaintiff the following sums: $2,304 salary from July 1, 1931, to July 1, 1932; $768 salary from July 1, 1932, to November 31, 1932, and $192 per month from December 1, 1932, to April 1, 1933, or $768, a total amount of $3,840.

“Plaintiff alleges, that under the judgment herein her salary was found to be $200 per month for 12 months, which was admitted in the pleadings, that this amounted for the years 1931-1932 to $2,400; that the judgment of $1600 plus costs of $22.50 bore interest at 7 per cent per annum to November 31, 1932, or $112.57 and that cost for plaintiff’s brief on appeal was fixed at $100.50, and that plaintiff’s salary for the year 1932-1933 should be $200 per month for 12 months, amounting to April 1, 1933 to $1800 or a total amount due from defendants to plaintiff of $4,435.57.

“That on April 1, 1933, there is due, owing and unpaid from defendants to plaintiff the sum of $595.57 under the terms of said judgment, and that plaintiff has made demand, and that defendants have refused to pay said sum or any part thereof, and still so refuse.”

The prayer for the writ of mandate reads as follows: “That defendants pay to plaintiff the sum of $595.57 and to make such payment forthwith; And for such other and further relief as may seem meet and proper to this Court in the premises.”